Paranthaman v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2022 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE RMT. TEEKAA RAMAN Paranthaman S/o.Devarajulu ... Petitioner Vs.

1.The Superintendent of Police, Tiruvallur District, Tiruvallur.

2.The Inspector of Police, D-3 Kanakamma Chatram Police Station, Tiruvallur.

... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the second respondent to produce the person and body of the petitioner's sister/detenue, namely, Sumathi W/o.Anandababu, aged 46 years, before this Court and set her at liberty. 1/4

For Petitioner :

Mr.S.Senthilvel For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor *****

O R D E R

[Made by P.N.PRAKASH, J.] This petition has been filed seeking a direction to the second respondent to produce the petitioner's sister/detenue, namely, Sumathi W/o.Anandababu, aged 46 years, before this Court and set her at liberty.

2. On 26.10.2022, we passed the following order: "It is the case of the petitioner that he is residing in Poonamallee and his sister Sumathi was given in marriage to one Ananda Babu and they were living in Kanakamma Chatram, Thiruvallur; Sumathi has two children; on 03.10.2022, Sumathi called the petitioner and told him that there was a quarrel in the house and so, she is coming over to his house; however, Sumathi did not come to his house and therefore, he informed the same to Ananda Babu; the petitioner and Ananda Babu started searching for Sumathi, but, in vain; therefore, he (petitioner) gave a complaint, based on which, a petition enquiry in C.S.R.No.759 of 2022 has been registered at Kanakamma Chatram Police Station, Thiruvallur. 2.

Alleging that the police are not taking effective steps to secure his sister, the petitioner has preferred the present habeas corpus petition.

3.

On instructions, the learned Additional Public 2/4

Prosecutor submitted that enquiry conducted by the police revealed that Sumathi developed intimacy with one Dr.Citibabu, an Ayurvedha Practitioner at Arakkonam, with whom, she is alleged to have eloped. He further submitted that the two children are with Ananda Babu.

4.

In such view of the matter, we direct the Inspector of Police, Kanakamma Chatram Police Station, Thiruvallur, to register a regular FIR "for woman missing" in C.S.R.No.759 of 2022 and report to this Court on 07.11.2022.

Post the matter on 07.11.2022."

3. Today, Mr.M.Kannaiyan, Sub-Inspector of Police, D3 - K.K.Chatram Police Station [Mobile No.94981 47612], is present.

4. On instructions, learned Additional Public Prosecutor submitted that as directed by this Court, the police have registered a case in Kanakamma Chatram P.S. Crime No.295 of 2022 on 24.10.2022 for "woman missing".

5. Today, the police produced Sumathi. The petitioner is also present. 3/4

P.N.PRAKASH, J.

and RMT. TEEKAA RAMAN, J.

gm

6. When we enquired Sumathi, she stated that she wants to go along with the petitioner, who is her brother.

Recording the same, this Writ Petition is closed. [PNP, J.] [TKR, J.] 07.11.2022 Index: Yes/No gm To 1.The Superintendent of Police, Tiruvallur District, Tiruvallur.

2.The Inspector of Police, D-3 Kanakamma Chatram Police Station, Tiruvallur.

3.The Public Prosecutor, High Court, Madras.

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